E-Commerce Contracts

Many standard contracts to cover initial confidential discussions to contracting with a contractor/distributor/supplier/licensor to eg supply/distribute software, hardware, computer equipment generally as well as testing/evaluation prior to contract and ongoing support; supply of advertising material for a website; publishing copyright material; SEO and ISP services as well as every other type of online service or facility currently on offer.

Typical Terms and conditions for download and use of an “App” (application software) for any service or software from games to payroll. Lists permitted licensed usage and prohibited acts. Read moreRead more

3D printing, also called “additive manufacturing”, is a process of making three dimensional solid objects from a digital, computer aided design (CAD) or animation modelling software. The principle advantage of additive fabrication is its ability to create almost any shape or geometric feature and to do so much more quickly. The technology is used extensively in the fields of designing and prototyping in architecture, engineering and construction, automotive, aerospace, dental and medical industries, education, jewellery, footwear, geographic information systems, civil engineering, industrial design and many others. This Agreement ensures that the design and model (product) to be created must first and foremost, be legal and non-infringing as well as requiring the customer to undertake numerous other warranties and other obligations. Read moreRead more

Designed to contract an Application Service Provider (ASP) to provide a fully hosted, fully managed and maintained suite of software applications which the end user customer can use and pay for as a service on a rental-type basis. This is cheaper for the customer than buying its own system and software. This contract which is drafted for the benefit of the ASP Provider and includes all types of ASP service terms which can be varied or deleted as necessary. Read moreRead more

Devised to bring the full terms and conditions of use of a website (which may include a software licence) to the attention of a website visitor/end-user without the end-user clicking and “Accept” or any other intervention. It expressly states that continued access to/browsing the website contents and/or using/downloading the website materials (including but not limited to downloading software) is implied/constructive acceptance by such end-user of these terms and conditions. Read moreRead more

This Contract is the click-wrap version of Contract 27 (which is the signable version) and is a fairly comprehensive agreement dealing with the supply of online information to business, be it financial to stockbrokers or legal to lawyers, and sets clear and definite parameters within which the data may be accessed and used. Read moreRead more

Designed for the distribution of high-volume, low-cost software distributed/downloaded over the Internet for every conceivable business and personal software (including “Apps”, games, videos and the like) where “constructive acceptance” is established by the end-user ‘clicking’ an ‘accept’ button located at the end of the licence terms. Read moreRead more

“Colocation” (“colo”) refers to a dedicated, custom-built facility (a “data centre”) which offers various types of space (e.g. “rack” space, “caged” space, “cabinet” space or shared space) which businesses can rent to install their servers and equipment to connect to the internet. The data centre provides all the necessary infrastructure and maintenance of the building, spaces, power and back-up power (“redundancy”) in the event of power failure; the correct, constant ambient environment (air conditioning, humidity and cooling); 24 x 7 x 365 security and most importantly, excellent bandwidth with guaranteed connectivity (“uptime”) so that a business can rent whatever size of space it needs for its server and for any chosen length of time without having to create and manage its own facilities. Read moreRead more

This contract permits very limited disclosure and use of confidential information for a particular purpose. In this contract, the disclosure is required by a licensee to a third party outsourcing company of confidential information relating to a software program for which the licensee has already entered into a software licence with the licensor. Read moreRead more

In this contract the data supplier/owner is providing a data “feed” to add its data under license to a database owner’s database. A database owner may not itself create any original “raw” data, but rather, select and license data from several sources as well as keep such data continuously updated. The terms cover what can and cannot be done with the data and suggests various charging structures. Read moreRead more

In this Contract, a database owner is purchasing data for the purposes of creating and refreshing a database which is subscribed to by end-users. The database owner may either provide the data to end-users in the form in which it is supplied (i.e. "raw" data) or as part of a larger "added value" service to customers, the latter being the example in this Contract. Read moreRead more

plug and play' shopping mall to list products and contract all parties in the supply chain of selling goods or services online (eg manufacturer, supplier, retailers, selling agents, distributors, delivery agents and customers) to use the same e-commerce system Read moreRead more

eBook publishing is the digital publication of books and written material, which are usually sold via a Publisher’s website (e.g. Amazon Kindle, iBooks). This contract is drafted for the benefit of the Author, who does not grant exclusive worldwide rights to the Publisher but keeps more control of the exploitation of the Author’s own copyright material. This Contract is drafted in the format of a contract for services for the Publisher to provide development, publication and marketing services to the Author rather than a traditional publishing licence. This contract allows the Author to be solely in charge of and have final approval of the entire content and production of the eBook including the title, style and design as well as the method of distribution. It also enables the Author to approve the Publisher’s marketing and promotion plans to ensure the widest possible exposure for the eBook to the greatest number of potential purchasers worldwide Read moreRead more

eBook publishing is the digital publication of books and written material, which are usually sold via a Publisher’s website (e.g. Amazon Kindle, iBooks). This contract is drafted for the benefit of the Publisher with exclusive worldwide rights to publish the material in all manner of digital formats and is solely in charge of the title, style, design, price, promotion, sale and distribution. The Author warrants that the work is original and is the sole owner also that the material is not in any way objectionable on grounds that it is e.g. unlawful, defamatory, infringing, misleading or deceptive. The Publisher will sell the eBook via its website, collect all sales revenue and pay the Author a percentage royalty of the net receipts. Read moreRead more

Designed to contract a search engine optimisation/ web positioning consultant to provide services which will increase the website owner’s chance of having its website found when searched for by internet users. Such services may include the creation of doorway sites, micro sites, mask sites, cloaking sites (ie smaller targeted excerpts of existing website but digitally tailored to attract specific search engines and channel traffic to the actual website) as well as the creation of meta tags, key words/terms, multiple links, specific multiple URLs and other ‘devices’ to attract search engine ‘spiders’ to the website for the purpose of gaining a placing in the top 10 to 20 listed sites on any search engine. Read moreRead more

Designed to give the owner of proprietary and confidential information some protection in circumstances where disclosure of such information to another party is required. Only one party is protected by disclosure in this contract. Read moreRead more

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